A.
Establishment of districts. For the purpose of this code, the Village
is hereby divided into zoning districts which shall be designated
as follows:
|
CO
|
Conservancy Overlay District
|
|
ECO
|
Environmental Corridor Overlay District
|
|
HGO
|
High Ground Water Overlay District
|
|
SHO
|
Shoreland Zoning Overlay District
|
|
A-B
|
Agricultural Business District
|
|
AD-10
|
Agricultural Density District 10-Acre
|
|
A-5
|
Mini-Farm District
|
|
A-1a
|
Agricultural District
|
|
A-2
|
Rural Home District
|
|
A-3
|
Suburban Estate District
|
|
RRD-5
|
Rural Residential Density District 5-Acre
|
|
R-1
|
Residential District
|
|
R-2
|
Residential District
|
|
R-3
|
Residential District
|
|
R-4
|
Multifamily Residential District
|
|
P-1
|
Public and Institutional District
|
|
B-1
|
Restricted Business District
|
|
B-2
|
Local Business District
|
|
B-3
|
General Business District
|
|
B-4
|
Community Business District
|
|
BP
|
Mixed Use Business Park District
|
|
I-1
|
Limited Industrial District
|
B.
Zoning Map.
(1)
Districts mapped. The boundaries of said districts are shown upon
the Official Zoning Map for the Village of Vernon, which map is made
part of this code, and all the notations, references and other information
shown thereon shall be as much a part of this code as if the matters
and information set forth by said map were all fully described herein.
Said Zoning Map shall be kept on file in the office of the Village
Clerk and the copy attached hereto is correct only as of the date
of publication and is for general informational purposes only. For
the purpose of local administration, a copy of the map shall also
be kept on file in the office of the Village Building Inspector and
Village Planner.
(2)
Determination of boundaries. District boundaries shall be determined
by measurement from and as shown on the Zoning Map and in case of
any questions as to the interpretation of such boundary lines, the
Village Plan Commission and Village Board shall interpret the map
according to the reasonable intent of this code.
(a)
Unless otherwise specifically indicated or dimensioned on the
map, the district boundaries are normally lot lines; section, quarter
section or sixteenth section lines; or the center lines of streets,
highways, railways or alleys.
(b)
The boundaries of conservancy, existing floodplain overlay and
exclusive agricultural districts as drawn are intended to represent
the edge of swamp, wetlands, marsh, and floodland or the high water
line along a stream or watercourse, and shall be finally determined
by the actual conditions in each specific situation.
(c)
The boundaries of the Environmental Corridor District are intended
to include all nonwetland/floodplain primary or secondary environmental
corridors, such as significant woodlands, upland wildlife habitat
areas, scenic overlooks and slopes exceeding 12%. The Village Building
Inspector or Zoning Administrator may make an in-field determination
as to the location of the district where the mapped boundary is clearly
in error. Where questions arise as to the exact location or boundary
of an Environmental Corridor District, the extent and location of
such corridor shall be finally determined by an infield investigation
by the Southeastern Wisconsin Regional Planning Commission (SEWRPC)
biologist (or his/her designee).
A.
Purpose and intent. The CO District, as mapped or intended to be
mapped, is intended to preserve, protect, and enhance the streams,
intermittent streams, and wetland areas. If an infield determination
finds that all or a portion of a property within the CO District is
erroneously mapped, the field-determined boundaries shall immediately
become subject to the applicable district regulations. The regulation
of the CO District will serve to maintain and improve water quality,
both ground and surface; prevent flood damage; protect wildlife habitat;
prohibit the location of structures on soils which are generally not
suitable for such use; protect natural watersheds; protect existing
natural woodlands; and protect the natural recreational resources
of the Village of Vernon.
B.
Permitted uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Prohibited uses. Filling or drainage of wetlands, removal of topsoil
or peat, or damming/relocating of any watercourse shall not be permitted
except with the approval of the Village of Vernon, Waukesha County
Land Conservation Division, and the Wisconsin Department of Natural
Resources (WDNR).
E.
Area regulations. There are no specific minimum lot size requirements
although conservancy/wetland zoned lands that lie within a larger
parcel or tract of land, the remainder of which is zoned in any other
district, shall have a minimum area required in that nonconservancy
district.
A.
Purpose and intent. The ECO District, as mapped or intended to be
mapped, includes nonwetland/floodplain primary or secondary environmental
corridors and isolated natural resource areas as defined herein, and
is intended to be used to preserve, protect, enhance, and restore
significant woodlands, upland wildlife habitat areas, scenic overlooks,
slopes exceeding 12%, and upland wooded areas, while also affording
an opportunity to use the site for the limited residential purposes.
The Village Building Inspector or Zoning Administrator may make an
in-field determination as to the location of the district where the
mapped boundary is clearly in error. Where questions arise as to the
exact location or boundary of an environmental corridor, the extent
and location of such corridors shall be finally determined by infield
investigation by the Southeastern Wisconsin Regional Planning Commission
(SERWPC) Biologist (or his/her designee). If an in-field determination
finds that all or a portion of a property within the ECO District
is erroneously mapped, the field-determined boundaries shall immediately
become subject to the applicable district regulations.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
F.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet;
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet;
and
H.
Lot size. Lot size requirements in the ECO District shall be as follows:
Minimum area. The overall density of lots lying entirely within the
ECO District shall be one dwelling unit per five acres of corridor,
with no lot being less than two acres in size. For lots which lie
partially within and partially outside of the ECO District, if the
lot size of the adjoining districts would permit a minimum lot size
of less than five acres, the five-acre density requirement shall not
apply and the lot can be the size permitted in the adjacent district,
as long as any land altering activity and/or building envelopes are
located outside of the ECO District and appropriately restricted as
such on the face of the certified survey map, subdivision plat or
other deed restrictions subject to the review approval of the Village
Plan Commission and recorded with the Waukesha County Register of
Deeds Office.
J.
Preservation of open space. Requirements for the preservation of
open space in the ECO District shall be as follows:
(1)
For lots lying entirely within an ECO District, regardless of lot
size, no open space regulations shall apply. However, all land altering
activities and vegetative removal including building sites and driveways
(area of disturbance) shall be no more than 15% of five acres (32,670
square feet) in the ECO District.
(2)
For lots which lie partially within and partially outside of the
ECO District, the area of disturbances shall be limited to the area
outside of the ECO District, excluding any means required to access
the area outside of the ECO District (i.e., driveway access), unless
otherwise expressly permitted by a building envelope shown on the
certified survey map, subdivision plat or other deed restriction that
has been approved, in writing, by the Village Board, upon recommendation
of the Village Plan Commission and recorded with the Waukesha County
Register of Deeds Office.
A.
Purpose and intent.
(1)
This district is intended to apply to those lands that are mapped
as having hydric soil conditions (depth to groundwater of one foot
or less) according to the Soil Survey of Milwaukee and Waukesha Counties
published by the USDA Soil Conservation Service. Many of these lands
contain wetlands and floodplains and, accordingly, are mapped with
a CO Conservancy Overlay District designation. Other lands with such
soil conditions are presently in agricultural use by virtue of either
cultivation, pasture or in some other way, and which if they were
not being used for agricultural purposes would be classified as conservancy
lands due to inherent wet soil characteristics and the presence of
natural vegetation indicative of wet soils.
(2)
The intent of this district is to preserve and maintain agricultural
or open space uses on lands suited for such purposes. These lands
are generally poorly suited for urban or suburban development, while
lands outside of wetlands are typically better suited for some type
of agricultural use. In this district structures related to farm operations,
including existing dwellings, are deemed consistent with the purpose
and intent of this section where the location of buildings associated
with the permitted agricultural operation are found to conform with
health, sanitation and safety provisions of this and any other state
regulation or local ordinance. The intent for mapping purposes is
that lands within this district shall have exhibited agricultural
uses in the past. It is not the intent of this section to promote
or permit the conversion of wetlands.
(3)
Where on-site evaluation of soil conditions by a certified soil scientist
reveals that soils mapped by the USDA as being hydric are found to
be erroneously mapped, the land zoned HGO District shall immediately
become subject to the district regulations of the zoning district
that is mapped on the balance of the property. If no other zoning
district has previously been established on another part of the parcel,
the lands shall be zoned as used administratively by the Village Zoning
Administrator.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
F.
Height regulations.
(1)
Principal structure.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
A.
Statutory authorization, findings of fact, statement of purpose and
title.
(1)
Statutory authorization. This section is adopted pursuant to
the authorization in §§ 61.35 and 61.353, Wis. Stats.
(2)
Finding of fact and purpose. Uncontrolled use of shorelands
and pollution of the navigable waters of the Village would adversely
affect the public health, safety, convenience, and general welfare
and impair the tax base. The Legislature of Wisconsin has delegated
responsibility to all municipalities to:
B.
General provisions.
(1)
Compliance. The use of shorelands within the shoreland area
of the Village shall be in full compliance with the terms of this
section and other applicable local, state or federal regulations.
All permitted development shall require the issuance of a zoning permit
unless otherwise expressly excluded by a provision of this code.
(2)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies.
(3)
Abrogation and greater restrictions.
(a)
This ordinance supersedes all the provisions of any other applicable
Village ordinance except that where another Village ordinance is more
restrictive than this code, that ordinance shall continue in full
force and effect to the extent of the greater restrictions, but not
otherwise.
(b)
This section is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. However, where
this section imposes greater restrictions, the provisions of this
section shall prevail.
(4)
Interpretation. In their interpretation and application, the
provisions of this section shall be held to be minimum requirements
and shall be liberally construed in favor of the Village and shall
not be deemed a limitation or repeal of any other powers granted by
the Wisconsin Statutes or Wisconsin Constitution.
(5)
Severability. Should any portion of this section be declared
invalid or unconstitutional by a court of competent jurisdiction,
the remainder of this section shall not be affected.
(6)
Applicability of shoreland district regulations. The Shoreland
Zoning District regulations apply only to the following shorelands:
(a)
A shoreland that was annexed by the Village of Vernon after
May 7, 1982, and that prior to annexation was subject to a county
shoreland zoning ordinance under § 59.692, Wis. Stats.;
and
(b)
A shoreland that before incorporation by the Village of Vernon
was part of a village that was subject to a county shoreland zoning
ordinance under § 59.692, Wis. Stats., if the date of incorporation
was after April 30, 1994.
(7)
District boundaries. The Shoreland District areas regulated
by this code shall include all the lands (referred to herein as shorelands)
in the Village of Vernon that are:
(a)
Within 1,000 feet of the ordinary high watermark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed
to be navigable if they are listed in the Wisconsin Department of
Natural Resources Surface Water Data viewer available on the DNR website,
or are shown on United States Geological Survey quadrangle maps or
other zoning base maps.
(b)
Within 300 feet of the ordinary high watermark of navigable
rivers or streams, or to the landward side of the floodplain, whichever
distance is greater. Rivers and streams shall be presumed to be navigable
if they are designated as continuous waterways or intermittent waterways
on United States Geological Survey quadrangle maps. Flood hazard boundary
maps, flood insurance rate maps, flood boundary-floodway maps, county
soil survey maps or other existing county floodplain zoning maps shall
be used to delineate floodplain areas.
(c)
Determinations of navigability and ordinary high watermark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Wisconsin Department of Natural Resources for a final
determination of navigability or ordinary high watermark.
(d)
Pursuant to § 61.353(7) or 62.233, Wis. Stats., the
Shoreland Zoning District does not include lands adjacent to an artificially
constructed drainage ditch, pond, or retention basin if the drainage
ditch, pond or retention basin is not hydrologically connected to
a natural navigable water body.
(8)
Effect of existing land division, sanitary, zoning and other
regulations. The lands within the Shoreland Zoning District are subject
to all applicable provisions of the Village of Vernon Code of Ordinances.
Where the provisions of this section are more restrictive than other
regulations in the Code of Ordinances, the provisions of this section
shall apply.
C.
Setbacks from the water.
(1)
Building and structure setbacks. All buildings and structures
shall be set back at least 75 feet from the ordinary high watermark,
except as follows:
(a)
Piers may be erected on the bed of navigable waters pursuant
to Chapter 30 of the Wisconsin Statutes.
(b)
Structures that meet all of the following requirements is permitted
subject to issuance of a zoning permit:
[1]
The part of the structure that is nearest to the
water is located at least 35 feet landward from the ordinary high
watermark.
[2]
The total floor area of all structures in the shore
setback area of the property shall not exceed 200 square feet.
[3]
The structure has no sides or has open or screened
sides.
(c)
A single stairway, rail system or walkway, determined by the
Zoning Administrator, due to steep topography or severe soil limitations,
to be necessary for access to a navigable waterway, shall be exempt
from the shore setback requirements provided the width of the stairway,
rail system or walkway does not exceed five feet, subject to the issuance
of a zoning permit. If the walkway is proposed in an area designated
as wetland, the walkway shall be constructed on pilings. If the walkway
is proposed in an area designated as floodplain, it shall comply with
the standards in the Village Floodplain Ordinance.[1]
(d)
Utility transmission and distribution lines, poles, towers,
water towers, pumping stations, well pump house covers, private on-site
wastewater treatment systems that comply with Ch. SPS 383, Wis. Admin.
Code, and other utility structures that have no feasible alternative
location outside of the minimum setback and that employ best management
practices to infiltrate or otherwise control stormwater runoff from
the structure.
(e)
Devices or systems used to treat runoff from impervious surfaces.
(f)
Principal building setback averaging. Where there is a development
pattern with principal structures having shore setbacks less than
75 feet from the ordinary high watermark of a navigable waterway,
the setback requirements for principal structures shall be allowed
to be reduced in accordance with the following setback averaging formulas:
[1]
Where there are existing principal structures on
each side, the shore setback shall equal the average of the distances
that the two existing principal structures are set back from the ordinary
high watermark and the required setback of 75 feet from the ordinary
high watermark provided all of the following are met:
[a]
Both of the existing principal structures are located
on an adjacent lot to the proposed principal structure.
[b]
Both of the existing principal structures are located
within 250 feet of the proposed principal structure and are the closest
principal structures.
[c]
Both of the existing principal structures are located
less than 75 feet from the ordinary high watermark.
[d]
The average setback shall not be reduced to less
than 35 feet from the ordinary high watermark of any navigable waterway.
[2]
In applying these shore setback averaging formulas
to a proposed principal structure, the shore setback measurements
shall be taken from other principal structures only and the measurements
shall not be from any immediately adjacent structures, such as decks,
patios, retaining walls, swimming pools or sports courts.
[3]
In applying these shore setback averaging formulas
to a proposed functional appurtenance, such as a deck or patio, which
is immediately adjacent to the principal structure, the shore setback
measurements may be taken from other principal structures.
D.
Vegetative removal.
(1)
The area parallel to the ordinary high watermark and extending
35 feet inland from all points along the ordinary high watermark of
a navigable waterway is considered a vegetation buffer zone and the
removal of vegetation is prohibited, except as follows:
(a)
Routine maintenance of vegetation is permitted.
(b)
Removal of trees and shrubs within the vegetative buffer zone
is allowed in order to create an access and viewing corridor. The
access and viewing corridor shall not exceed 35% of the shoreland
frontage of the property and shall include all improvements such as
walkways.
(c)
Removal of vegetation within the vegetative buffer zone to manage
exotic or invasive species, damaged vegetation, vegetation that must
be removed to control disease, or vegetation creating an imminent
safety hazard is permitted, provided that any vegetation removed shall
be replaced by replanting in the same area as soon as practicable.
(d)
Any vegetative removal must comply with the Waukesha County
Stormwater and Erosion Control Ordinance and any underlying Village
of Vernon Zoning District or Zoning District Overlay requirements.
A.
Purpose and intent. The primary purpose of this district is to maintain,
encourage and promote agriculturally related business endeavors on
appropriate lands within the community. Such endeavors, properly located
and regulated, serve to support and enhance the viability of agriculture
as an economic activity.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Building location.
(1)
Setback: 50 feet minimum.
(2)
Offset.
(a)
Buildings used for commercial purposes which include the housing
of livestock: 100 feet minimum unless the adjacent district is an
A-B District, in which case 20 feet minimum shall apply.
(b)
Buildings used for commercial purposes not involving livestock
housing or animal waste storage: 10 feet minimum.
F.
Height regulations.
(1)
Principal and accessory building: 35 feet maximum, unless fire and
emergency apparatus adequate to service a taller building is available
to service the building on the subject parcel and verification of
such apparatus' availability from the community providing fire
and emergency services to or for the subject parcel is filed with
the Village Building Inspector and/or Village Planner prior to the
issuance of a zoning use permit, in which event the maximum height
of a principal building in the subject parcel shall be the maximum
height which such available apparatus can service (but such maximum
height shall not be greater than 60 feet).
A.
Purpose and intent. The purpose of this ten-acre density district
is to allow for agricultural and rural use of lands to continue while
also allowing for cluster development on lands located in rural or
semi-rural areas. Additional stated purposes of this district include:
(1)
Promote the preservation of the rural character of the Village by
encouraging farm fields, pastures, orchards, and natural open spaces
to be retained either as common open spaces, or as part of a farm
operation.
(2)
To achieve the optimum residential environment while recognizing
the rural character of the Village. The density transfer technique
is designed to permit variable lot sizes in the utilization of the
most desirable terrain for housing sites while encouraging preservation
of natural resource lands and agricultural lands.
(3)
This district allows for the transfer of residential development
rights from one area of a parcel to another area of a parcel, thereby
allowing an increase in density of development on suitable lands for
development in exchange for establishing the preservation of natural
resources or agricultural lands known as "preserved lands."
B.
Review of proposed development. Where a development is to occur involving
the establishment of preserved lands, approval by the Village Plan
Commission and Village Board shall be required. The development proposed
shall conform to the following standards:
(1)
The shape and arrangement of preserved lands shall be approved by
the Village Plan Commission and Village Board pursuant to the requirements
of this district.
(2)
Lands zoned AD-10 that are proposed to be developed via subdivision
plat must be developed in a conservation design format following best
management practices. Subdivisions shall provide common open space
and conserve natural resource lands.
(3)
The preserved lands shall be retained in one of the following manners:
(a)
A deed restriction or covenant recorded with the Waukesha County
Register of Deeds noting that part or all of the development rights
have been utilized for the subject land. No additional development
rights would accrue to that site until such times as it could be served
with municipal sewer and a zoning change is approved by the Village
of Vernon.
(b)
All lot owners within the developed area for which the preserved
land is protected could own an undividable interest in said preserved
land. Development of those lands may not occur until such times as
it could be served with municipal sewer and a zoning change is approved
by the Village of Vernon.
(c)
The preserved lands may be retained in public ownership if the
Village of Vernon or Waukesha County is willing to accept a dedication
or acquire the land.
(4)
On a parcel which is AD-10, the development density shall not exceed
10 acres for each dwelling unit.
(5)
In order to preserve the rural character as well as the efficiency
and safety of existing road systems, lands to be developed via subdivision
plat shall have lots clustered on interior subdivision streets to
minimize lots being accessed from existing arterials or roadways by
individual driveway accesses. The goal of this provision is to encourage
grouping of lots on an interior street which will then access the
existing road system.
(6)
Any land claimed in addition to the actual described residential
lots, for credit toward meeting the density factor requirement, shall
have its status permanently established, and guaranteed, either by
dedication to the public, or by appropriate covenants running with
the lands, in conveyance of agricultural easements. Such covenants
and easements shall be recorded with the Waukesha County Register
of Deeds and shall restrict the property against any development or
use except as is consistent with its preservation as agricultural
land or as a form of common open space until such times as it could
be served with municipal sewer and a zoning change is approved by
the Village of Vernon. The preserved land status of any parcel shall
be indicated on the Official Zoning Map.
(7)
In addition to requiring an appropriate open space or an agricultural
easement on the transferring lands in favor of the Village and/or
county, covenants shall be placed in the title of each dwelling unit,
giving the owner enforceable rights to prevent the future development
of the transferring lands until such times as it could be served with
municipal sewer and a zoning change is approved by the Village of
Vernon.
C.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
G.
Height regulations.
(1)
Principal structure.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
J.
Open space: 30,000 square feet per family.
K.
Density division standards. Development shall not exceed one dwelling
unit per 10 acres.
A.
Purpose and intent. This district is intended to provide for very
low-density single-family residential development and the conversion
of older farm dwellings to two-family units in predominantly rural
areas in order to maintain, to some degree, the agricultural character
of the property. These lands are best suited for small farm units,
i.e., truck farms, horse farms, hobby farms, orchards and other similar
agriculturally related activities, and usually contain a predominance
of USDA-defined statewide significant category soils or prime category
soils on parcels which do not qualify for agricultural preservation
zoning or in areas which have an existing pattern of scattered or
low-density residential development.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
F.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
I.
Open space: four acres.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: 30,000 square feet minimum per family.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: two acres minimum per family.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: 75,000 square feet minimum per family.
A.
Purpose and intent. The purpose of this five-acre density district
is to allow for agricultural and rural use of lands to continue while
also allowing for cluster development on lands located in rural or
semirural areas. Additional stated purposes of this district include:
(1)
Promote the preservation of the rural character of the Village by
encouraging farm fields, pastures, orchards, and natural open spaces
to be retained either as common open spaces or as part of a farm operation.
(2)
To achieve the optimum residential environment while recognizing
the rural character of the Village. The density transfer technique
is designed to permit variable lot sizes in the utilization of the
most desirable terrain for housing sites while encouraging preservation
of natural resource lands and agricultural lands.
(3)
This district allows for the transfer of residential development
rights from one area of a parcel to another area of a parcel, thereby
allowing an increase in density of development on suitable lands for
development in exchange for establishing the preservation of natural
resources or agricultural lands known as "preserved lands."
B.
Review of proposed development. Where a development is to occur involving
the establishment of preserved lands, approval by the Village Plan
Commission and Village Board shall be required. The development proposed
shall conform to the following standards:
(1)
The shape and arrangement of preserved lands shall be approved by
the Village Plan Commission and Village Board pursuant to the requirements
of this district.
(2)
Lands zoned RRD-5 that are proposed to be developed via subdivision
plat must be developed in a conservation design format following best
management practices. Subdivisions shall provide common open space
and conserve natural resource lands.
(3)
The preserved lands shall be retained in one of the following manners:
(a)
A deed restriction or covenant recorded with the Waukesha County
Register of Deeds noting that part or all of the development rights
have been utilized for the subject land. No additional development
rights would accrue to that site until such times as it could be served
with municipal sewer and a zoning change is approved by the Village
of Vernon.
(b)
All lot owners within the developed area for which the preserved
land are protected could own an undividable interest in said preserved
land. Development of those lands may not occur until such times as
it could be served with municipal sewer and a zoning change is approved
by the Village of Vernon.
(c)
The preserved lands may be retained in public ownership if the
Village of Vernon or Waukesha County is willing to accept a dedication
or acquire the land.
(4)
On a parcel which is RRD-5, the development density shall not exceed
five acres for each dwelling unit.
(5)
In order to preserve the rural character as well as the efficiency
and safety of existing road systems, lands to be developed via subdivision
plat shall have lots clustered on interior subdivision streets to
minimize lots being accessed from existing arterials or roadways by
individual driveway accesses. The goal of this provision is to encourage
grouping of lots on an interior street which will then access the
existing road system.
(6)
Any land claimed in addition to the actual described residential
lots, for credit toward meeting the density factor requirement, shall
have its status permanently established, and guaranteed, either by
dedication to the public, or by appropriate covenants running with
the lands, in conveyance of agricultural easements. Such covenants
and easements shall be recorded with the Waukesha County Register
of Deeds and shall restrict the property against any development or
use except as is consistent with its preservation as agricultural
land or as a form of common open space until such times as it could
be served with municipal sewer and a zoning change is approved by
the Village of Vernon. The preserved land status of any parcel shall
be indicated on the Official Zoning Map.
(7)
In addition to requiring an appropriate open space or an agricultural
easement on the transferring lands in favor of the Village and/or
county, covenants shall be placed in the title of each dwelling unit,
giving the owner enforceable rights to prevent the future development
of the transferring lands until such times as it could be served with
municipal sewer and a zoning change is approved by the Village of
Vernon.
C.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
G.
Height regulations.
(1)
Principal structure.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
J.
Open space: 30,000 square feet per family.
K.
Density division standards. Development shall not exceed one dwelling
unit per five acres.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: 30,000 square feet minimum per family.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: 25,000 square feet minimum per family.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall not exceed
35 feet measured from the average finished grade at the building line
to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest exposed
point of the structure to the highest top plate that supports a roof
structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest exposed
point of the structure to the highest roofline cannot exceed 46 feet.
(2)
Accessory buildings: 18 feet maximum.
H.
Open space: 15,000 square feet minimum per family.
[Added 1-10-2024 by Ord.
No. 2024-02]
A.
Purpose and intent. This district is intended to allow for limited
multifamily residential where compatible with the intensity of surrounding
existing and planned development and where appropriate existing or
proposed buffers can be achieved where required as determined by the
Village Plan Commission and Village Board.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
F.
Height regulations.
(1)
Principal building.
(a)
Nonexposed foundation.
[1]
The maximum height of a residential structure shall
not exceed 35 feet measured from the average finished grade at the
building line to the highest roofline.
(b)
Exposed foundation.
[1]
The maximum building height measured from the lowest
exposed point of the structure to the highest top plate that supports
a roof structure cannot exceed 32 feet.
[2]
The maximum building height measured from the lowest
exposed point of the structure to the highest roofline cannot exceed
46 feet.
(2)
Accessory buildings: 18 feet maximum.
I.
Density. Maximum residential density shall be determined by the Village
Comprehensive Plan Land Use Plan Map. Environmentally Sensitive Areas
including floodplain, wetland, environmental corridor and isolated
natural resource area shall be excluded from the maximum density calculation.
J.
Open space: 5,000 square feet minimum of per family.
K.
Development standards. All multifamily development shall be reviewed per the process and conform to the development standards in § 300-21.1 of the Village of Vernon Code of Ordinances.
L.
Road access. All properties shall abut directly upon and take access from an arterial or collector street as defined in § 200-9 of the Village of Vernon Code of Ordinances.
M.
Parking. There shall be at least two off-street parking spaces per
residential unit, one of which shall be interior.
N.
Sanitary sewage system. The manner in which the units are to be serviced
with sewage disposal is subject to the approval of the State Department
of Commerce and/or the Waukesha County Environmental Health Division,
prior to approval by the Village of Vernon.
A.
Purpose and intent. This district is intended to provide for those uses which serve a public need and/are principally of an institutional, educational, medical, or governmental nature (whether public or privately owned and either for profit or not-for-profit) and serving a public need (but not including the operation of a bar, restaurant, or recreational facility as a commercial enterprise), unless authorized as a conditional use under § 300-22. Group homes, as regulated by statute, shall not be included as they are either allowed in other districts or regulated pursuant to § 300-22 of this code.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Temporary uses. Lands and buildings within the district may be used
on a temporary basis for private and commercial uses usually not more
than one week in duration. Such uses might consist of carnivals, rental
of said buildings for private gatherings, use of buildings for temporary
commercial displays or trade fairs and similar functions for the purpose
of fundraising or other special and unique events in conjunction with
the permitted use. Approval must be granted by the Village Plan Commission
for such temporary use and subject to any condition that may be imposed.
G.
Height regulations.
(1)
Principal and accessory building. Thirty-five feet maximum, unless
fire and emergency apparatus adequate to service a taller building
is available to service the building on the subject parcel and verification
of such apparatus' availability from the community providing
fire and emergency services to or for the subject parcel is filed
with the Village Building Inspector and/or Village Planner prior to
the issuance of a zoning use permit, in which event the maximum height
of a principal building in the subject parcel shall be the maximum
height which such available apparatus can service (but such maximum
height shall not be greater than 60 feet).
H.
Area regulations. No minimum required. The use will dictate the size
of the parcel. However, no more than 65% of the subject parcel shall
be of impervious surfaces, including buildings, pavement, or other
covering material which is impervious to surface water absorption.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
H.
Open space: 15,000 square feet minimum per family.
A.
Permitted principal uses: See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
H.
Open space: 15,000 square feet minimum per family.
A.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
H.
Open space: 15,000 square feet minimum per family.
A.
Purpose and intent. This district is intended to provide for individual
or large groups of retail and customer service retail in a shopping
center setting. This district must be located within one mile of a
major highway interchange or at or near the intersection of two major
highways. The district is designed for convenience or one-stop shopping
and is intended to serve the entire community.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
G.
Lot area, frontage, and yard regulations.
(1)
Lot size, unsewered.
(a)
Total site may not be less than 10 acres with outlots being
created by a PUD.
(b)
When an unsewered lot is created, the Village Plan Commission
may require the principal structure on the lot to be arranged and
dimensioned so as to allow further division of the parcel at such
time as sewer becomes available.
(2)
Lot size, sewered. Freestanding building sites shall have a minimum
lot size of 20,000 square feet.
(3)
Lot width (out lots). Freestanding building sites shall have a minimum
average width of 120 feet (sewered) and 240 feet (unsewered).
(4)
Front yard setback. All buildings shall be located not less than
50 feet from any street or highway right-of-way.
(5)
Side yard setback. Shall have a minimum offset of 10 feet; however,
the Village Plan Commission may require a greater offset to accommodate
future expansion of the building or future paved driveway access to
the rear of the building.
(6)
Rear yard setback. Shall have a minimum offset of 25 feet.
(7)
Floor area. Initial construction proposed on each lot shall be a
minimum of 5,000 square feet.
A.
Purpose and intent.
(1)
This district is to be used as an implementation tool to designate
specific types of limited office, professional services, retail, and
business uses free of outside storage or display, serving the adjacent
business uses in larger communities. These uses may occur on individual
sites or as part of a planned larger development. This district can
only be located within one mile of a freeway interchange or at an
intersection of two state trunk highways.
(2)
The Village Plan Commission and Village Board shall review and consider for approval a site plan and plan of operation in accordance with § 300-6F for each building or use proposal. The review shall be required to achieve a satisfactory relationship between the permitted use, its operating characteristics, the arterial highway system and adjacent uses such as retail, residential, customer service, and business park.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Prohibited uses.
(1)
Offensive uses. No uses shall be permitted or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of § 300-43 and any additional conditions or requirements prescribed by the Village Plan Commission, are or may become hazardous, noxious or offensive due to emission or odor, dust, smoke, cinders, gas, fumes noise, vibrations, beat frequency, refuse matter, water-carried waste or fugitive lighting.
(2)
Specific prohibited uses. The following uses are specifically prohibited:
(a)
Animal reduction facilities.
(b)
Bulk sales, storage or display of lumber.
(c)
Bulk storage of salt, fertilizer, or similar materials; explosives,
gasoline or other petroleum products in excess of 50,000 gallons,
and grease.
(d)
Car wash facilities.
(e)
Drive-in theaters.
(f)
Forges.
(g)
Foundries.
(h)
Garbage or medical incinerators.
(i)
Junkyards or wrecking yards.
(j)
Manufacturing or processing of ammonia, asbestos, asphalt, cement,
chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum,
insecticides, poison, pulp, proxylin, radium and radioactive materials.
(k)
Mini warehouses or multitenant storage.
(l)
New and used car lots.
(m)
Outside product or equipment testing.
(n)
Petroleum storage yards, not including petroleum storage accessory
to a permitted conditional use.
(o)
Recreational vehicle, all-terrain vehicle or outdoor recreational
vehicle sales and service.
(p)
Refining of petroleum or its products.
(q)
Rubbish storage or transfer station.
(r)
Slaughterhouses.
(s)
Stockyards.
(t)
Storage of radioactive materials.
(u)
Tanneries.
(v)
Truck or trailer sales.
(3)
Dwellings. No new dwellings or residences of any kind.
G.
Lot area, frontage, and yard regulations.
(1)
Lot size, unsewered.
(a)
Building site shall have a minimum lot size of 40,000 square
feet.
(b)
When an unsewered lot is created, the Village Plan Commission
may require the principal structure on the lot to be arranged and
dimensioned so as to allow further division of the parcel at such
time as sewer becomes available.
(2)
Lot size, sewered. Building sites shall have a minimum lot size of
20,000 square feet.
(3)
Lot width. Building sites shall have a minimum average width of 120
feet (sewered) and 240 feet (unsewered).
(4)
Front yard setback. All buildings shall be located not less than
50 feet from any street or highway right-of-way.
(5)
Side yard setback. Shall have a minimum offset of 10 feet; however,
the Village Plan Commission may require a greater offset to accommodate
future expansion of the building or future paved driveway access to
the rear of the building.
(6)
Rear yard setback. Shall have a minimum offset of 25 feet.
(7)
Floor area. Initial construction proposed on each lot shall be a
minimum of 5,000 square feet.
A.
Purpose and intent. This district is intended to provide for uses
generally classified to be light industrial in nature which are not
detrimental to the surrounding areas by reason of appearance, noise,
dust, smoke or odor.
B.
Permitted principal uses. See Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Permitted accessory uses. See Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Conditional uses. See Exhibit A.[3]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
E.
Building location.
(1)
Setback: 50 feet minimum.
(2)
Offset: 10 feet minimum. Exception: where a lot abuts on a district
boundary line of a more restrictive district permitting residence
use, the following restrictions shall apply:
(a)
Buildings or uses permitted in the more restrictive district
shall comply with the offset requirements of the more restrictive
district.
(b)
Buildings or uses not permitted in the more restrictive district
shall provide a fifty-foot minimum offset and shall be screened from
the more restrictive district by a planting screen at least six feet
high and 15 feet in width.
